This is fucking illegal and it doesn't sound like the ~verified~ person saying this is a lawyer.https://twitter.com/emilygorcenski/status/859502556665569288 …
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Did I miss something? Did they decide not to repeal 1557 in the AHCA? Because that would be… surprising.
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Section 1557 was interpreted last year to be such that trans discrimination and sex discrimination were identical. This ruling was enjoined.
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It was a rulemaking from HHS, not an interpretation.
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The rulemaking was literally an interpretation of the sex discrimination clauses.
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The distinction is important to administrative lawyers and people who want to know what's going on.
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The final rule literally calls it an interpretation.
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Yes but it is literally a final rule and that's important because if they change it they have to have good reason under the APA.
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I mean, we're arguing around and around. The final rule is "we interpret the law to mean this." We're saying the same thing.
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And in any case Auer deference, so.
End of conversation
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